October Visa Bulletin Expedites Adjustment of Status Filing

The U.S. Department of State (DOS) released its October 2015 Visa Bulletin with a new system for determining employment-based and family-based immigrant visa availability that is a direct result of President Obama’s Executive Action in November 2014. To view the October 2015 Visa Bulletin, please click here.

The new Visa Bulletin replaces the single cut-off date system to apply for adjustment of status with a new dual cut-off-date system that allows applicants to apply much sooner, receiving the benefits afforded to those in the final stage of the immigrant visa process as they await approval:

1. “Application Final Action Date” (approval). This cut-off date is essentially the same as the “priority date” cut-off date of previous years. The “Application Final Action Date” cut-off date will be posted in the monthly Visa Bulletin and will regulate when an adjustment of status application or immigrant visa application may be approved and an immigrant visa (“green card”) issued.
2. “Date for Filing Visa Applications” (acceptance). This cut-off date regulates when an adjustment of status application may be filed with the USCIS or paperwork may be submitted to the National Visa Center for a consular application. This acceptance date will be prior to the date on which an immigrant visa may be approved/issued.

This new system allows a foreign national (and his or her spouse and children under 21) to file an application to adjust status at a date in advance of when the immigrant visa (“green card”) can be approved, along with the benefits available with a pending adjustment of status application. These benefits include an employment authorization document (EAD) and advance parole (travel document). In addition, for employment-based applications, a foreign national may also be eligible to change employers under “AOS portability” based on an approved I-140 Immigrant Worker Petition.

The “acceptance” cut-off and “approval” cut-off dates will be announced each month in the Visa Bulletin and may move forward, move backward or become unavailable. Monthly movement may be a matter of days, weeks or years, just as we currently experience with the immigrant visa system.

According to the United States Citizenship and Immigration Services (USCIS) Alert, “This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.”
McCown & Evans will continue to monitor these new developments and will release additional guidance as it becomes available.

Disclaimer
This information is for general use only. You should consult a licensed attorney for legal analysis and advice regarding the specific details of your case.